116th -PSI Energy TemporaryInstrument
200500010375
Cross Reference to Prior Deed of Record: Warranty Deed recorded in Deed Record 324, Page 340, on January 13,
1981 in the Hamilton County, Indiana Recorder's Office
CPA v TEMPORARY EASEMENT AGREEMENT
ag+h This Temporary Easement Agreement (this "Agreement") is made and entered into this
day of SA rat P R -i , 2005 by and between PSI ENERGY, INC., an Indiana
Corporation ("Grantor") and THE CITY OF CARMEL, INDIANA ("Grantee").
APPROVED AS TO FORM BY
RECITALS
A. Grantor owns certain real property (the "Grantor Parcel") located in Hamilton
County, Indiana more particularly described in Deed Record 324, Page 340 in the Hamilton
County, Indiana Recorder's Office.
B. Grantee, in connection with Grantee's improvement, widening and beautification
of East 116`h Street (the "Project"), requires a temporary easement for the duration of the Project
for purposes of constructing that portion of the Project located upon and/or adjacent to the
Grantor Parcel. Such temporary easement area (herein referred to as the "Temporary Easement
Parcel") is more particularly described as follows:
See Exhibit A, which is attached hereto and incorporate herein
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Temporary Rights Acquired by Grantee. Until the completion of the Project, or
April 30, 2007, whichever occurs first, Grantor hereby grants and conveys to Grantee the exclusive
right to utilize the Temporary Easement Parcel for all purposes related to the construction of the
Project, including, but not limited to the storing of Grantee's equipment and the staging of the
construction of the Project. Upon the completion of the Project, or April 30, 2007, whichever is
first, such temporary easement shall terminate and Grantee shall return the Temporary Easement
Parcel to Grantor in substantially the same condition as existed prior to the commencement of the
Project.
2. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and others to whom Grantor may grant rights or easements, the right to use
the Permanent Easement Parcel for any and all purposes and uses not inconsistent with the
foregoing easement acquisition by Grantee, including without limitation the right to install, use,
maintain, repair and replace existing driveways and curbing not removed by Grantee as part of the
Project. Grantor and its grantees, heirs, successors and assigns shall retain the right of access over
and across the Temporary Easement Parcel to and from the Public Right -of -Way to real estate
200500010375
Filed for Record in
HAMILTON COUNTYr INDIANA
JENNIFER J HAYDEN
02-23-2005 At 08:54 am.
EASEMENTS 18.00
owned by Grantor adjacent to the Temporary Easement Parcel via Grantor's existing driveway or
any future driveway.
3. Easement and Covenants Appurtenant. The easements granted, created and made
herein, together with the benefits thereof, shall run with the Grantor Parcel and inure to the
benefit of Grantee and its grantees, successors and assigns. The easements granted, created and
made herein, together with the burdens thereof, shall run with and bind the Grantor Parcel, and
shall bind Grantor and its grantees, successors and assigns. All covenants and agreements of the
Grantor and Grantee hereunder, together with the benefits and burdens thereof, shall be deemed
to be real covenants which touch and concern the Grantor Parcel and the Temporary Easement
Parcel, as applicable, shall run with the Grantor Parcel and the Temporary Easement Parcel, and
shall inure to the benefit of and be binding upon Grantor and Grantee, as applicable, and their
respective grantees, successors and assigns. All covenants and agreements hereunder may be
enforced by an action for specific performance, and in the event that a party breaches any such
covenant or agreement, the other party may exercise any remedy available hereunder, at law or in
equity, and recover from the breaching party all amounts expended in connection with exercising
any such remedy (including without limitation, court costs and attorneys' fees).
4. Governing_Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana.
5. The undersigned person executing this Temporary Easement Agreement on behalf
of Grantor represents and warrants that he has been duly authorized and fully empowered, by
proper resolution of the governing body of Grantor, to execute this Temporary Easement
Agreement.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR
PSI ENERGY, INC., an diana Corporation
By:
Printed: Kay E. Pashos
GRANTEE
The City of Ca , diana
By:
Printed:
Title: President Title:
2
hen
En
elkin
•
ector of Administration
P L!
STtATg'QF� 4- )ANA
w. ) SS:
COL7I�TYi(�kta 1-1 E N ;6(2cKs
fore me, a Notary Public in and for said County and State, personally appeared Kay E.
resident of Grantor and who, having been duly sworn, acknowledged the truth and
acc ' u ypf the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this 02.g day of O-AAft/ , 2005.
My commission expires: LI) i `1' 2007
I am a resident of PEP) Dp ic,KS County, Indiana
STATE OF
COUNTY OF
Before me, a Notary
Engelking, the Director o
acknowledged the truth d .
foregoing Agreement f, a i
Notary Public
LA1' J. i-1 o&pJE2
Printed Name
ub c in and for said County and State, personally appeared Stephen
d mistration of Grantee, who, having been duly sworn,
uracy of the representations made herein and the execution of the
on behalf of said Grantee.
Witness my rant and Notarial Seal this
My commission - pi s:
I am a resident . f County, Indiana
day of , 2005.
Notary Public
Printed Name
This instrument was prepared by Robert A. Hicks, Attorney at Law, HALL, RENDER,
KILLIAN, HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064,
Indianapolis, Indiana 46282, (317) 633-4884.
Return following recording to: Robert A. Hicks, Attorney at Law, HALL, RENDER, KILLIAN,
HEATH & LYMAN, P.S.C., One American Square, Suite 2000, Box 82064, Indianapolis,
Indiana 46282, (317) 633-4884.
3
"GRANTEE"
THE CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY
By:
�O
Ja Brainard Presidingeer
Date:
Mary A
Date:
Lori Si
Date:
ATTEST: .
4.,A 11
STATE OF INDIANA
) SS:
COUNTY OF HAMILTON )
Sandra M. Johnson,
Deputy Clerk for
Before me, a Notary Public in and for said County and State, personally appeared James Brainard,
Mary Ann Burke and Lori S. Watson, by me known, and by me known to be the Members of the City of
Carmel Board of Public Works and Safety, and Diana L. Cordray, Clerk -Treasurer of TheCity, of Carmel,
Indiana, who acknowledged the execution of the foregoing Temporary Easement Agreement onnlilFalf of
the City of Carmel, Indiana.
WITNESS my hand and Notarial Seal this )(O day of h(U/ai5i
e. /
My Commission Expires:
NOTARY PUBLIC
0 • Ann Davi s
'//7q /o f Printed Name
4
w
County of Residence: m, 1
EXHIBIT "A"
Project: STP -B886( ) Sheet 1 of 1
Parcel: 18D Temporary R/W for Drive and Pavement Removal
A part of the Southwest Quarter of Section 36, Township 18 North, Range 3 East,
Hamilton County, Indiana, described as follows: Commencing at the southeast corner of the
West Half of said quarter section; thence South 89 degrees 28 minutes 02 seconds West 20.117
meters (66.00 feet) along the south line of said quarter section to the southwest corner of the
grantor's land; thence North 0 degrees 04 minutes 19 seconds West 149.965 meters (492.01
feet) along the west line of the grantor's land; thence North 89 degrees 57 minutes 00 seconds
East 22.290 meters (73.13 feet); thence South 0 degrees 03 minutes 00 seconds East 110.000
meters (360.89 feet); thence South 38 degrees 56 minutes 13 seconds East 4.564 meters (14.97
feet); thence North 89 degrees 28 minutes 02 seconds East 55.000 meters (180.45 feet) to the
point of beginning of this description: thence North 26 degrees 31 minutes 05 seconds East
26.387 meters (86.57 feet); thence South 61 degrees 28 minutes 41 seconds East 20.591 meters
(67.56 feet); thence South 0 degrees 31 minutes 58 seconds East 13.500 meters (44.29 feet);
thence South 89 degrees 28 minutes 02 seconds West 30.000 meters (98.43 feet) to the point of
beginning and containing 0.0474 hectares (0.117 acres), more or less.
This description was prepared for the City of Carmel by John M.
Garvey, Indiana Registered Land Surveyor, License No. 50148, on the
9th day of April, 2004.
This description was written from information obtained from the
recorder's office and other sources which were not necessarily checked
by a field survey.